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A defendant shall be punished by a fine of 500,000 won.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
The owner of a business establishment harmful to juveniles shall not employ juveniles.
Nevertheless, from June 7, 2013 to June 26, 2013, the Defendant employed the “F(17 years of age)” as a waitter at the E entertainment tavern in the Haan-gun D2 floor operated by the Defendant.
Summary of Evidence
1. Statement made by a witness F in the third protocol of the trial;
1. The defendant and his defense counsel held that the defendant's interrogation protocol of the police suspect against the defendant and the defense counsel's assertion that the defendant showed F not only the appearance of majority but also the defendant demanded F to present his identification card, but the F refused to do so for various reasons, so the defendant did not have the criminal intent to employ the juvenile as a business establishment harmful to juveniles.
However, in case where the owner of an entertainment bar business employs an employee at the pertinent entertainment place, he/she shall verify the age of the employee on the basis of his/her resident registration certificate or other evidence of public probative value of age to the degree similar thereto. If it is not easy to identify the age of the person subject to employment because the person subject to employment was lost due to the loss of his/her identification card, etc., the owner of an entertainment bar business shall withhold or refuse the employment until the juvenile is able to clearly verify the age of the person subject to employment by public proof (Supreme Court Decision 2004Do255 delivered on April 28, 2004). In this case where the defendant employed F as a main agent before checking the age of F, it should be deemed that the defendant had an incomplete criminal intent to employ a juvenile at least in a business establishment harmful to juveniles.
Therefore, the above assertion by the defendant and the defense counsel is without merit.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;